Actividades para cumplir cada medida de mitigación

5. The authority citation for 48 CFR part 516 continues to read as follows:

Authority: 40 U.S.C. 121(c).

6. Amend section 516.506 by adding paragraph (d) to read as follows:

516.506 Solicitation provisions and contract clauses.

* * * * *

(d) The Contracting Officer may insert clause 552.216- 75 in solicitations and GSA-awarded IDIQ contracts, not including Federal Supply Schedule (FSS) contracts. This clause should be included in all GSA-awarded Governmentwide acquisition contracts and multi-agency contracts. See

538.273 for clauses applicable to FSS contracts. PART 538—FEDERAL SUPPLY SCHEDULE CONTRACTING

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7. The authority citation for 48 CFR part 538 continues to read as follows:

Authority: 40 U.S.C. 121(c).

8. Revise section 538.270 to read as follows: 538.270 Evaluation of multiple award schedule (MAS) offers.

9. Add section 538.270-1 to read as follows: 538.270-1 Evaluation of offers without access to transactional data.

(a) Applicability. Utilize this evaluation methodology for negotiating MAS offers when the commercial sales

practices format is included in the solicitation (see 515.408).

(b) When offerors have commercial catalogs, negotiate concessions from established catalogs, including price and non-price terms and conditions.

(c) The Government will seek to obtain the offeror’s best price (the best price given to the most favored

customer). However, the Government recognizes that the

terms and conditions of commercial sales vary and there may be legitimate reasons why the best price is not achieved.

(d) Establish negotiation objectives based on a review of relevant data and determine price reasonableness.

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(e) When establishing negotiation objectives and determining price reasonableness, compare the terms and conditions of the MAS solicitation with the terms and conditions of agreements with the offeror’s commercial customers. When determining the Government’s price

negotiation objectives, consider the following factors: (1) Aggregate volume of anticipated purchases.

(2) The purchase of a minimum quantity or a pattern of historic purchases.

(3) Prices taking into consideration any combination of discounts and concessions offered to commercial

customers.

(4) Length of the contract period.

(5) Warranties, training, and/or maintenance

included in the purchase price or provided at additional cost to the product prices.

(6) Ordering and delivery practices.

(7) Any other relevant information, including differences between the MAS solicitation and commercial terms and conditions that may warrant differentials between the offer and the discounts offered to the most favored commercial customer(s). For example, an offeror may incur more expense selling to the Government than to the customer who receives the offeror’s best price, or the customer

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(e.g., dealer, distributor, original equipment

manufacturer, other reseller) who receives the best price may perform certain value-added functions for the offeror that the Government does not perform. In such cases, some reduction in the discount given to the Government may be appropriate. If the best price is not offered to the Government, you should ask the offeror to identify and explain the reason for any differences. Do not require offerors to provide detailed cost breakdowns.

(f) You may award a contract containing pricing which is less favorable than the best price the offeror extends to any commercial customer for similar purchases if you make a determination that both of the following conditions exist:

(1) The prices offered to the Government are fair and reasonable, even though comparable discounts were not negotiated.

(2) Award is otherwise in the best interest of the Government.

(g) State clearly in the award document the

price/discount relationship between the Government and the identified commercial customer (or category of customers) upon which the award is based.

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10. Amend section 538.271 by revising paragraph (a) and removing paragraph (c).

The revision reads as follows: 538.271 MAS contract awards.

(a) MAS awards will be for commercial items as defined in FAR 2.101.

* * * * *

11. Revise section 538.272 to read as follows: 538.272 MAS price reductions.

(a) Applicability. This section applies when the contract contains the basic clause 552.238-74 Industrial Funding Fee and Sales Reporting.

(b) The basic clause and Alternate I of 552.238-75, Price Reductions, requires the contractor to maintain during the contract period the negotiated price/discount relationship (and/or term and condition relationship)

between the eligible ordering activities and the offeror’s customer or category of customers on which the contract award was predicated (see 538.271(c)). If a change occurs in the contractor’s commercial pricing or discount

arrangement applicable to the identified commercial

customer (or category of customers) that results in a less advantageous relationship between the eligible ordering

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activities and this customer or category of customers, the change constitutes a “price reduction.”

(c) Ensure that the contractor understands the

requirements of section 552.238-75 and agrees to report all price reductions to the Contracting Officer as provided for in the clause.

12. Amend section 538.273 by revising paragraph (b) to read as follows:

538.273 Contract clauses. * * * * *

(b) Multiple and single award schedules. Insert the following in solicitations and contracts:

(1) 552.238-74, Industrial Funding Fee and Sales Reporting. Use Alternate I for Federal Supply Schedules with Transactional Data Reporting requirements. Clause 552.238-75 Alternate II should also be used when vendors agree to include clause 552.238-74 Alternate I in the contract.

(2) 552.238-75, Price Reductions. (i) Except in cases where Alternate II is used, use Alternate I in

solicitations and contracts for—

(A) Federal Supply Schedule 70;

(B) The Consolidated Schedule containing information technology Special Item Numbers;

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(C) Federal Supply Schedule 84; and

(D) Federal Supply Schedules for recovery purchasing (see 538.7102).

(ii) Use Alternate II for Federal Supply

Schedules with Transactional Data Reporting requirements. This alternate clause is used when vendors agree to include clause 552.238-74 Alternate I in the contract.

(3) 552.238-81, Modifications (Federal Supply Schedule). (i) Use Alternate I for Federal Supply Schedules that only accept electronic modifications.

(ii) Use Alternate II for Federal Supply

Schedules with Transactional Data Reporting requirements. This alternate clause is used when vendors agree to include clause 552.238-74 Alternate I in the contract.

PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES